Deliberate
Indifference
Sometimes we have to ponder, what is worse than deliberate
indifference? How does a billion-dollar industry like private security services
survive tort claims of what some people call reckless or callously indifferent behaviors
as a lesser intent of carelessness or neglect? Should it not be a higher form
of neglect? For a lack of a better word, it seems that deliberate indifference
is done with some sort of premeditation.
How do you address workplace conditions that run opposite of
the polarity or context taught during the training process? Do you risk being
vocal or file a written complaint, knowing you are a probationary employee and
risk termination for incompatibility with the company? Where do we go if the standards
taught are not being upheld in the field?
This sets up an attitude or behavior of what is best known in
any business as ‘premeditation’ in the
fact that ignoring certain workplace conditions establish a proven standard of
culpability for someone in the chain of command. Some people call it ‘willful
blindness’ 0r the ‘lack of will to change’ what has always been done a certain
way and not worthy of a management review or assessment to make changes. In the
tort law, we have a continuum that
consists of negligence, gross negligence, deliberate
indifference and wanton or egregious
indifference.
However, technically, what is worse than deliberate indifference? What is reasonable to claim to have been
ignored or put at risk because of this lack of will to make a change or willful blindness? What is a
reasonable defense or rebuttal for such behavior where a higher source of
authority, a judge or a jury have to decide by the preponderance of the evidence
which is the most unreasonable?
If I were to research this matter in the industry, I would
find a substantial amount of cases of analogous situations where people were
put at risk where they were mistreated or ignored by management because of
downright neglect or indifference. The problem can be solved by merely
addressing the matter timely and completely.
Instead of addressing those issues at hand, management chooses to ignore or ask for an extension to
look into the matter or answers with an
answer and not an option or motion to change or dismiss the complaint and
lastly, chose the option or motion to not change or address the complaint
without looking at the evidence, documentation or even the core of the
complaint and label the employee a ‘disgruntled’
or ‘problematic’ employee. I am unable to go mano a mano with the industry.
In regards to my concerns, it would do me no justice or good to complain about
something that others would call ‘whining’ and irrelevant
to the quality or efficiency of the supervision provided by management on the
job.
I know they can make me look weak by virtue of the fact that I
am but a mere hourly employee and that the span of control is not within my
reach or that of the person I logged the complaint with at the time. In the
specific area of concerns, I need to document it without biases or discriminatory behaviors. I need to show ‘a pattern-and-practice’ and establish
facts, not opinions. Hence, my reliance to show cause for concern hinges on my
ability to document and show proof and truth – two elements often challenged even when overwhelmingly clear and real.
